Updated August 3, 2026. Quick answer: Rhode Island calls this instrument durable power of attorney for health care, declaration (living will) under the Rights of the Terminally Ill Act. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | durable power of attorney for health care, declaration (living will) under the Rights of the Terminally Ill Act |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | For the durable power of attorney: the designated agent or alternate agent; a health care provider; an employee of a health care provider; the operator of a community care facility; an employee of an operator of a community care facility. At least one witness/notary must also attest to not being related to the principal by blood/marriage/adoption and not being an heir. For the living will/declaration: witnesses may not be related to the declarant by blood or marriage. |
| If you are in a care facility | No special rule found in the text we read |
| Authority | R.I. Gen. Laws §23-4.10-2 (durable power of attorney for health care); R.I. Gen. Laws §23-4.11-3 (declaration re: withholding/withdrawal of life-sustaining procedures) |
What the statute says
This power of attorney will not be valid unless it is signed by one notary public or two (2) qualified witnesses who are present when you sign or acknowledge your signature.
— R.I. Gen. Laws §23-4.10-2 (durable power of attorney for health care); R.I. Gen. Laws §23-4.11-3 (declaration re: withholding/withdrawal of life-sustaining procedures)
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Rhode Island has two distinct statutes with two distinct rules: the durable power of attorney for health care (§23-4.10-2) allows notary OR 2 witnesses (“OR”, used as the primary field value here); the separate Living Will/Rights of the Terminally Ill Act declaration (§23-4.11-3) requires 2 witnesses only, with no notary alternative stated (“witnesses only”) — quote for that section: “two (2) subscribing witnesses who are not related to the declarant by blood or marriage.” Choose the instrument-specific rule that matches the document actually being executed.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.